Sexual assault on a female

Points to prove

• 1. 1. The defendant intentionally touched another person (the complainant, a female) — touching includes touching with any part of the body, with anything else, or through anything (s 79(8) SOA 2003)
• 2. 2. The touching was sexual — a reasonable person would consider it sexual by its nature, or by its nature it may be sexual and by its circumstances or the defendant's purpose it was sexual (s 78 SOA 2003)
• 3. 3. The complainant did not consent to the touching — did not agree by choice with the freedom and capacity to make that choice (s 74)
• 4. 4. The defendant did not reasonably believe that the complainant consented — reasonableness judged having regard to all the circumstances, including any steps taken to ascertain consent (s 3(2)); the evidential and conclusive presumptions in ss 75 and 76 apply

Mode of trial & maximum penalty

Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: 10 years' imprisonment

Sources

• www.legislation.gov.uk/ukpga/2003/42/section/3